Bill Text: NY A00967 | 2011-2012 | General Assembly | Amended
Bill Title: Provides for the licensure of rehabilitation counselors who treat emotional, cognitive and other disorders, by the department of education; provides for the establishment of a state board therefor; exempts certain persons.
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Introduced - Dead) 2012-05-01 - held for consideration in higher education [A00967 Detail]
Download: New_York-2011-A00967-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
967--A
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. KELLNER, JAFFEE, BROOK-KRASNY, MARKEY, WEISEN-
BERG, McDONOUGH, P. RIVERA -- Multi-Sponsored by -- M. of A. PHEFFER
-- read once and referred to the Committee on Higher Education --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the education law, in relation to requiring licensing of
rehabilitation counselors
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The education law is amended by adding a new article 152 to
2 read as follows:
3 ARTICLE 152
4 REHABILITATION COUNSELING
5 SECTION 7550. INTRODUCTION.
6 7551. DEFINITION OF THE PRACTICE OF "REHABILITATION COUNSELING".
7 7552. PRACTICE OF REHABILITATION COUNSELING AND USE OF THE
8 TITLES "REHABILITATION COUNSELOR" AND "LICENSED REHABIL-
9 ITATION COUNSELOR".
10 7553. STATE BOARD FOR REHABILITATION COUNSELING.
11 7554. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
12 7555. LIMITED PERMITS.
13 7556. EXEMPT PERSONS.
14 7557. SPECIAL PROVISIONS.
15 7558. SEPARABILITY.
16 S 7550. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION OF REHA-
17 BILITATION COUNSELING. THE GENERAL PROVISIONS FOR ALL PROFESSIONS
18 CONTAINED IN ARTICLE ONE HUNDRED THIRTY OF THIS TITLE SHALL APPLY TO
19 THIS ARTICLE.
20 S 7551. DEFINITION OF THE PRACTICE OF "REHABILITATION COUNSELING". THE
21 PRACTICE OF THE PROFESSION OF REHABILITATION COUNSELING IS DEFINED AS A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00393-02-1
A. 967--A 2
1 SYSTEMATIC PROCESS WHICH ASSISTS PERSONS WITH PHYSICAL, MENTAL, DEVELOP-
2 MENTAL, COGNITIVE, AND EMOTIONAL DISABILITIES TO ACHIEVE THEIR PERSONAL,
3 CAREER, AND INDEPENDENT LIVING GOALS IN THE MOST INTEGRATED SETTING
4 POSSIBLE THROUGH THE APPLICATION OF THE COUNSELING PROCESS. THE COUN-
5 SELING PROCESS INVOLVES COMMUNICATION, GOAL SETTING, AND BENEFICIAL
6 GROWTH OR CHANGE THROUGH SELF-ADVOCACY, PSYCHOLOGICAL, VOCATIONAL,
7 SOCIAL, AND BEHAVIORAL INTERVENTIONS. THE SPECIFIC TECHNIQUES AND MODAL-
8 ITIES UTILIZED WITHIN THIS REHABILITATION COUNSELING PROCESS MAY
9 INCLUDE, BUT ARE NOT LIMITED TO:
10 1. ASSESSMENT AND APPRAISAL;
11 2. DIAGNOSIS AND TREATMENT PLANNING;
12 3. CAREER (VOCATIONAL) COUNSELING;
13 4. INDIVIDUAL AND GROUP COUNSELING TREATMENT INTERVENTIONS FOCUSED ON
14 FACILITATING ADJUSTMENTS TO THE MEDICAL AND PSYCHOSOCIAL IMPACT OF DISA-
15 BILITY;
16 5. CASE MANAGEMENT, REFERRAL, AND SERVICE COORDINATION;
17 6. PROGRAM EVALUATION AND RESEARCH;
18 7. INTERVENTIONS TO REMOVE ENVIRONMENTAL, EMPLOYMENT, AND ATTITUDINAL
19 BARRIERS;
20 8. CONSULTATION SERVICES AMONG MULTIPLE PARTIES AND REGULATORY
21 SYSTEMS;
22 9. JOB ANALYSIS, JOB DEVELOPMENT, AND PLACEMENT SERVICES, INCLUDING
23 ASSISTANCE WITH EMPLOYMENT AND JOB ACCOMMODATIONS;
24 10. THE PROVISION OF CONSULTATION ABOUT AND ACCESS TO REHABILITATION
25 TECHNOLOGY.
26 S 7552. PRACTICE OF REHABILITATION COUNSELING AND USE OF THE TITLES
27 "REHABILITATION COUNSELOR" AND "LICENSED REHABILITATION COUNSELOR". ONLY
28 A PERSON LICENSED OR EXEMPT UNDER THIS ARTICLE SHALL PRACTICE REHABILI-
29 TATION COUNSELING OR USE THE TITLE "REHABILITATION COUNSELOR". ONLY A
30 PERSON LICENSED UNDER THIS ARTICLE SHALL USE THE TITLE "LICENSED REHA-
31 BILITATION COUNSELOR" OR ANY OTHER DESIGNATION TENDING TO IMPLY THAT THE
32 PERSON IS LICENSED TO PRACTICE REHABILITATION COUNSELING.
33 S 7553. STATE BOARD FOR REHABILITATION COUNSELING. 1. A STATE BOARD
34 FOR REHABILITATION COUNSELING SHALL BE APPOINTED BY THE BOARD OF REGENTS
35 ON RECOMMENDATION OF THE COMMISSIONER FOR THE PURPOSE OF ASSISTING THE
36 BOARD OF REGENTS AND THE DEPARTMENT ON MATTERS OF LICENSING AND REGU-
37 LATION. THE BOARD SHALL BE COMPOSED OF AT LEAST THREE REHABILITATION
38 COUNSELORS LICENSED PURSUANT TO THIS ARTICLE AND AT LEAST ONE PUBLIC
39 REPRESENTATIVE WHO DOES NOT HOLD INTERESTS IN THE ORGANIZATION, FINANC-
40 ING, OR DELIVERY OF REHABILITATION COUNSELING SERVICES. MEMBERS OF THE
41 FIRST BOARD NEED NOT BE LICENSED PRIOR TO THEIR APPOINTMENT TO THE
42 BOARD. AN EXECUTIVE SECRETARY TO THE BOARD SHALL BE APPOINTED BY THE
43 BOARD OF REGENTS ON RECOMMENDATION OF THE COMMISSIONER.
44 2. THE TERMS OF OFFICE OF THE MEMBERS OF THE BOARD SHALL BE FIVE
45 YEARS; PROVIDED, HOWEVER, THAT OF THE MEMBERS FIRST APPOINTED, ONE SHALL
46 BE APPOINTED FOR THREE YEARS, ONE SHALL BE APPOINTED FOR FOUR YEARS, AND
47 TWO SHALL BE APPOINTED FOR FIVE YEARS. ANY VACANCY ON THE BOARD SHALL BE
48 FILLED BY APPOINTMENT FOR THE REMAINDER OF SUCH MEMBER'S TERM IN ACCORD-
49 ANCE WITH THE PROVISIONS OF THIS SECTION.
50 S 7554. REQUIREMENTS FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR A
51 LICENSE AS A "LICENSED REHABILITATION COUNSELOR", AN APPLICANT SHALL
52 FULFILL THE FOLLOWING REQUIREMENTS:
53 1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
54 2. EXAMINATION: PASS THE EXAMINATION OF THE COMMISSION ON REHABILI-
55 TATION COUNSELING CERTIFICATION (CRCC; BE CERTIFIED BY THAT BODY AS A
56 CERTIFIED REHABILITATION COUNSELOR (CRC).
A. 967--A 3
1 3. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
2 4. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
3 MENT; AND
4 5. FEES: PAY A FEE OF TWO HUNDRED FIFTY DOLLARS TO THE DEPARTMENT FOR
5 ADMISSION TO LICENSURE AND FOR AN INITIAL LICENSE; AND A FEE OF ONE
6 HUNDRED SEVENTY DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
7 S 7555. LIMITED PERMITS. THE FOLLOWING REQUIREMENTS FOR A LIMITED
8 PERMIT SHALL APPLY TO THE PROFESSION LICENSED PURSUANT TO THIS ARTICLE:
9 1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT TO AN APPLICANT WHOSE
10 QUALIFICATIONS HAVE BEEN APPROVED FOR ADMISSION TO THE CRCC EXAMINATION
11 IN ACCORDANCE WITH REGULATIONS PROMULGATED THEREFOR.
12 2. LIMITED PERMITS SHALL BE FOR ONE YEAR AND MAY BE RENEWED, AT THE
13 DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
14 3. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL THEREOF SHALL
15 BE SEVENTY DOLLARS.
16 S 7556. EXEMPT PERSONS. 1. THIS ARTICLE SHALL NOT BE CONSTRUED TO
17 AFFECT OR PREVENT QUALIFIED PHYSICIANS, NURSES, PHYSICAL OR OCCUPATIONAL
18 THERAPISTS, PSYCHOLOGISTS, COUNSELORS, CREATIVE ARTS THERAPISTS, PSYCHO-
19 ANALYSTS, SOCIAL WORKERS OR MEMBERS OF THE CLERGY FROM PERFORMING THE
20 WORK OF A REHABILITATION COUNSELOR WHERE INCIDENT TO THE PRACTICE OF
21 THEIR PROFESSIONS, PROVIDED THEY DO NOT HOLD THEMSELVES OUT TO THE
22 PUBLIC BY ANY TITLE AS BEING ENGAGED IN THE PRACTICE OF REHABILITATION
23 COUNSELING.
24 2. THIS ARTICLE SHALL NOT BE CONSTRUED TO AFFECT OR PREVENT A REHABIL-
25 ITATION COUNSELING STUDENT FROM ENGAGING IN CLINICAL PRACTICE UNDER THE
26 SUPERVISION OF A LICENSED OR CERTIFIED REHABILITATION COUNSELOR AS PART
27 OF A PROGRAM CONDUCTED IN AN APPROVED AGENCY AFFILIATED WITH AN ACCRED-
28 ITED SCHOOL OF REHABILITATION COUNSELING WHICH IS APPROVED BY THE
29 DEPARTMENT.
30 S 7557. SPECIAL PROVISIONS. 1. ANY NONEXEMPT PERSON PRACTICING THE
31 PROFESSION TO BE LICENSED PURSUANT TO THIS ARTICLE SHALL APPLY FOR A
32 LICENSE FOR PRACTICE OF SUCH PROFESSION WITHIN ONE YEAR OF THE EFFECTIVE
33 DATE OF SUCH PROFESSION. IF SUCH PERSON DOES NOT MEET THE REQUIREMENTS
34 FOR A LICENSE ESTABLISHED WITHIN THIS ARTICLE, THE DEPARTMENT SHALL
35 LICENSE WITHOUT EXAMINATION IF THE APPLICANT SUBMITS EVIDENCE SATISFAC-
36 TORY TO THE DEPARTMENT OF HAVING BEEN ENGAGED IN THE PRACTICE OF SUCH
37 PROFESSION FOR AT LEAST FIVE OF THE IMMEDIATELY PRECEDING EIGHT YEARS.
38 SUCH EXEMPTION SHALL BE IN EFFECT FOR ONLY ONE YEAR FOLLOWING THE ENACT-
39 MENT OF THE CHAPTER OF THE LAWS OF 2011 WHICH ADDED THIS SECTION.
40 2. THE COMMISSIONER SHALL APPROVE ALL FEES AUTHORIZED PURSUANT TO THIS
41 ARTICLE. SUCH FEES SHALL BE SET IN AMOUNTS SUFFICIENT TO MEET THE
42 EXPENSES OF ADMINISTERING THE PROVISIONS OF THIS ARTICLE.
43 3. THE DEPARTMENT SHALL PROMULGATE ANY RULES AND REGULATIONS NECESSARY
44 TO ESTABLISH PROFESSIONAL STANDARDS OF REHABILITATION COUNSELORS AND ANY
45 OTHER RULES AND REGULATIONS NECESSARY TO ADMINISTER THE PROVISIONS OF
46 THIS ARTICLE.
47 S 7558. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THEREOF,
48 SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID,
49 SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER OF
50 ANY OTHER SECTION OR PART THEREOF.
51 S 2. This act shall take effect on the five hundred forty-fifth day
52 after it shall have become a law; provided, however, that any rules and
53 regulations necessary to implement the provisions of this act on its
54 effective date are authorized and directed to be promulgated, amended
55 and repealed on or before such date.
